Partly allowed

Vinay Kumar Mishra v. The Bihar State Power Holding Company Ltd. and Ors.

Patna HC3 Apr 2014CWJC/5897/2014

Case brief

AI extract

What is this about?

The High Court ordered the petitioner to deposit 50% of the loss amount quantified in the FIR to restore his electric connection within 48 hours, subject to final assessment proceedings regarding alleged energy theft.

What did the court decide?

Petitioner directed to deposit 50% of loss amount (Rs. 2,28,442); electric connection to be restored within 48 hours of deposit receipt.

Vinay Kumar Mishra Vs The Bihar State Power Holding… — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5897 of 2014

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====================================================== . Vinay Kumar Mishra Son Of Prabhunath Mishra Resident Of MohallaShantipuri, P.S- Motihari Town, District- East Champaran .... .... Petitioner/s Versus 1. The Bihar State Power Holding Company Ltd., Vidyut Bhawan, Bailey Road, Patna Through Its Chairman- Cum- Managing Director. 2. The Managing Director, North Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna. 3. The Electrical Executive Engineer, Power Distribution Division Mrt, Motihari, District- East Champaran. 4. The Assistant Electrical Engineer, Power Distribution Sub- Division, Mrt-1 And 2, Motihari, District- East Champaran. 5. The Junior Electrical Engineer, Power Distribution Branch Town Motihari, District- East Champaran. 6. The State of Bihar .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 03-04-2014 Heard Mr. Udit Narain Singh for the petitioner and Mr. V.K. Singh for the North Bihar Power Distribution Company Ltd. (for short ‘the Company’). The petitioner has prayed for following relief(s) in paragraph 1(a) and (b):“(a) For a direction to the respondents to do provisional assessment under section 126 of the Electricity At, 2003 and to give a copy of the same to the petitioner to enable him to file his objection and then after hearing the petitioner to make final assessment. (b) For a direction to the respondents to give electric connection to his residential

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Patna High Court CWJC No.5897 of 2014 (2) dt.03-04-2014

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house on the basis of payment of up-todate bill issued by them under Domestic connection having Consumer No.BLB/DS/5764/MT244402,DS2 of 3 K.W.

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It has been submitted that the premises of the petitioner which was granted electric connection was inspected on 30.01.2014. The respondent found the petitioner engaged in commission of theft of energy. An FIR under relevant provision of the Electricity Act was instituted on 03.02.2014. Following lodging of the FIR the electric connection of the petitioner was disconnected. The petitioner is yet to receive any notice in the assessment of loss proceeding.

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Counsel for the petitioner states that the petitioner is ready to deposit 50% of the amount as provisionally quantified in the FIR subject to final assessment to be made by the respondent as per the provisions contained in the Act. It is submitted that considering the interest of both the parties this Court in diverse writ petitions has directed for restoration of electric connection on deposit of 50% of the amount quantified as loss amount either provisionally or finally.

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Having heard the parties this Court is satisfied that ends of justice shall be met if the present application is disposed of by

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Patna High Court CWJC No.5897 of 2014 (2) dt.03-04-2014

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the following order:-

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Let the petitioner deposit 50% of the loss amount as quantified in the FIR which is Rs. 2,28,442/- as quickly as possible. No sooner the petitioner deposits the said amount and produces receipt thereof whereafter the respondent company and the Assistant Electrical Engineer (respondent no.4) in particular shall ensure that the electric connection of the petitioner in the premises is restored within 48 hours which shall be subject to result of the final assessment proceeding.

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(Kishore Kumar Mandal, J)

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HR/-

Vinay Kumar Mishra v. The Bihar State Power Holding Company Ltd. and Ors.

Case brief

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Vinay Kumar Mishra v. The Bihar State Power Holding Company Ltd. and Ors.

Case brief

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